LAWYER Arunachalam Kasi, who was released this morning after being jailed 30 days for contempt, has called for the abolition of laws that curtail freedom of speech, including the offence of scandalising the court.
“My case has set the boundaries to freedom of speech, in my view, within a narrow confine in Malaysia,” he told The Malaysian Insight.
“The liberalisation of freedom of speech, such as through the abolition of the Sedition Act, was stated by this government in their campaign manifesto.
“This has not been done and those alone will not be sufficient, in my view. We will need an act, as in the UK, to abolish laws such as the offence of scandalising the court.
“Otherwise, my case will spell the end to freedom of speech here.”
Arunachalam, also known as Arun, said England and Wales have statutorily abolished the offence in 2013.
The 45-year-old was jailed 30 days and fined RM40,000 after being found guilty of contempt of court on April 23 over his two articles criticising the proceedings and decision of a court case.
In both articles, published on the Aliran online portal on February 16 and February 22, Arun had allegedly criticised the conduct of the Federal Court proceedings and the decision that was delivered on November 11, in the case of PCP Construction vs Leap Modulation.
Judge Ramly Ali, who led a five-member panel, held that Arunachalam’s contemptuous statements against the Federal Court were very serious and tarnished the good name of the judiciary as a whole, undermined the public confidence in the judiciary, and ridiculed, scandalised and offended the dignity, integrity and impartiality of the court.
Ramly said Arunachalam’s refusal to tender an unreserved apology had justified the court’s decision to jail him.
Also serving on the panel was Tengku Maimun Tuan Mat, who has since been appointed the new chief justice.
On whether he had any regrets, Arunachalam said he stands by his position.
“Going to prison was a very painful thing. But at the same time, I am able to have this experience and knowledge.”
Arunachalam, who was jailed at Kajang Prison, was shocked by the poor living condition of inmates and lack of hygiene.
“Anyone knows that prison condition is going to be unpleasant, but experiencing it was something entirely different. God sent me in for a reason. Now that I know this, I am able to do something about it.
“I am going to furnish a report to Malaysian Bar and the Human Rights Commission of Malaysia, and I am going to call upon the Bar to set up a prisoner’s welfare committee.
“The prison is completely closed off. There has to be checks and balances and transparency has to be promoted. There is a lack of CCTV cameras, for example.” – May 21, 2019.
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